Thursday, March 11, 2010

VA GOV Issues Legally Meaningless Gay Nondiscrimination Directive





There is mass confusion in Virginia (and the traditional media and the blogosphere) about the status of LGBT citizens' civil rights to employment, public accommodations, housing and education thanks to the recent actions by its recently elected Governor and Attorney General.

Thanksfully, legal eagle Chris Geidner can clear it all up for us, in an article entitled "No, Virginia, There Is No Nondiscrimination Policy":
On Wednesday, March 10, Gov. McDonnell issued an ''Executive Directive'' regarding the ''Standard of Conduct'' for state supervisors and employees ''Concerning Employment Discrimination.''
In it, he suggests a pronouncement on the state's position on sexual orientation nondiscrimination. The set-up looks like an attempt to create some space between Cuccinelli's move as attorney general and his own administration. But it does no such thing. To the extent it mentions sexual orientation, it is simply a basic restatement of federal constitutional law. It fails to mention gender identity or expression at all. 
[...]

The law, by the governor's own words, is the same on March 11 as it was on March 9. There is no protection provided by the Commonwealth of Virginia or Gov. McDonnell to LGBT people other than the slight protection already provided to them by the U.S. Constitution. And McDonnell has taken no action to ask the legislature to do more.

[...]

In the days since Cuccinelli's letter, people across Virginia have been asking McDonnell to tell them the truth about his commitment to nondiscrimination. On Wednesday, like the Sun's editor, McDonnell gave a saccharine response aimed more at providing pleasant words than it did providing a real answer. McDonnell's directive, unfortunately, purports to give comfort to LGBT people in the state about something that is not really there.
We're not falling for your ****, Bob McDonnell, no matter how square your jaw is!

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